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January 1, 2025

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for Providers

Scope
1. These General Terms of Use apply to contracts that users conclude via the website mealjam.com (hereinafter referred to as "Website") to offer content for sale to third parties. Users are accordingly referred to as "Providers" hereinafter.
2. The operator of the website and thus the contractual partner of the providers is KiezCode GmbH, Stargarder Straße 50, 10437 Berlin, (hereinafter referred to as "Operator").
3. Certain features of the website can only be used after accepting these contract conditions during a registration. A user contract between the operator and the provider is concluded through registration on the website.
4. Other contractual conditions of the providers do not apply unless the operator has expressly agreed to them.
5. These terms and conditions apply exclusively to providers who have reached the age of 18.
Subject of the Contract
1. The website serves as an online marketplace for services related to nutritional plans and nutritional consulting. Providers can offer their self-created content and plans on the website. These are offered as digital content on the website. The content should be plans and consultations that are not tailored to a specific person but can be used by a specific group of people. The settlement of the purchase price payment is then carried out via a service provided by the website.
2. Offering content is therefore reserved only for providers who have registered on the website and meet the requirements of these terms and conditions.
3. The operator reserves the right to review posted offers and reject them without giving reasons. This serves quality assurance and compliance with standards of the website.
4. The operator strives to continuously develop, maintain, and provide the website. The offer of the website is continuously developed and adapted to various factors, such as market requirements and technical and economic situations, after appropriate deliberation. Therefore, the offer includes the website in its current stage of development. Providers have no claim that the offer remains unchanged in content and scope or has certain functions. There is also no claim that the offer is always accessible and available or functions error-free.
Registration, Provider Account
1. A user contract between the operator and the provider is concluded through the registration of the provider on the website.
2. The use of the sales opportunities requires that the provider is confirmed and thus activated by the operator.
Costs
1. Registration is free of charge for providers.
2. Costs arise for providers when a purchase contract is concluded between a provider and a third party over posted content. In this case, a commission claim of the operator arises, which is borne by the provider. The exact amount of the commission is communicated to the provider in advance and is listed in the cost overview. The costs are refunded to the provider in case of a possible withdrawal by the buyer or other reversal of the purchase contract.
3. The mentioned costs are subject to statutory value-added tax, unless otherwise specified.
General Duties of Providers
1. When registering on the website, providers are obliged to truthfully and correctly fill out all fields provided in the registration form. Successful registration is only possible if all mandatory fields are completely filled out.
2. Providers must not undertake actions that could result in unreasonable or excessive strain for third parties, other providers, the website, or the operator.
3. It is also not permitted for providers to circumvent the website by, for example, selling offered content outside the website to avoid the provider's commission obligation in favor of the operator.
4. Providers may only be registered with one account on the website at a time. If a provider has lost their login details, they are obliged to contact the operator immediately.
5. The sale or transfer of the member account to third parties is not allowed. This also applies to the use of a member account by third parties.
6. Providers are obliged to provide the necessary information to the operator according to the requirements of the PStTG. If the submitted information is no longer current, the updates must also be communicated to the operator immediately. If the provider fails to fulfill this obligation despite a request and deadline, the operator is entitled to deactivate the provider account.
Duties of Providers Regarding Sales Offers
1. Providers undertake to comply with applicable law to design and conduct the offers and the handling of contracts in a legally compliant manner. The provider is responsible for the legal requirements of his offer and for the contract execution. He commits to comply with all legal requirements in his sales offer.
2. The provider is bound to the sales offer he has posted.
3. The offer description must be complete and truthful, as well as the classification into the appropriate offer category.
4. The sales offer must not violate third-party rights or public decency. This particularly includes trademark rights, copyright rights, and personality rights.
5. Sales offers can only be posted at a fixed price.
6. Providers commit to handling the personal data of the buyer in accordance with GDPR and BDSG.
7. It is left to the provider's discretion to what extent they wish to make their content and offers available for free.
Purchase Contracts Between Providers and Third Parties, Payment Processing
1. The operator is neither a contracting party nor an agent of the contract that the provider concludes with other third parties. Furthermore, the contract fulfillment and the handling of the contract take place exclusively between the provider and the third party.
2. The operator has no influence over the behavior of other third parties. Whether contractual obligations of the contracts between the providers and the third parties are fulfilled or whether a posted offer is successful is not under the operator's control.
3. Purchase price payments from contracts made between the providers and third parties on the platform are processed through an external payment operator ("Stripe"). The payout of the purchase price to the provider occurs within 14-30 days, minus any costs of the website (commission claim of the operator, cf. No. 4. b. of these terms and conditions).
4. The provider commits to adhering to the legal requirements for proper invoicing towards the third party.
Posted Content, Indemnification
1. Providers indemnify the operator from all claims that other users or third parties may assert against the operator due to any legal violations resulting from posted offers or other content. The indemnification includes the costs of necessary legal defense of the operator including all court and attorney fees at statutory rates.
2. Providers are obliged to support the operator in the event of third-party claims by, for example, immediately providing all information truthfully and completely that is necessary for assessing the claims and for a defense.
Blocking & Deletion of Member Accounts
1. The operator exercises the house rights over the website. In case of violations of these conditions, laws, and/or other rules published on the website, the operator can exclude providers temporarily or permanently from using the website without prior warning and prohibit the provider from accessing the website.
2. Providers allow the operator to delete or block their member accounts, sales actions, and functions at any time. Providers also have the option to delete their member account themselves.
3. In the event of deletion and/or blocking of the member account, third parties (customers of the providers) still have the opportunity to access the content they have already paid for.
Liability According to Telemedia Law, Limitation of Liability
1. Providers acknowledge that the operator does not assume responsibility for content that the operator has not created himself on the website or that the operator has not taken notice of.
2. The operator is liable, with the exception of the violation of life, body, and health and the violation of essential contractual obligations (cardinal obligations), only for damages that are due to intentional or grossly negligent behavior. This also applies to indirect consequential damages, such as lost profit.
3. The limitation of liability of these conditions also applies correspondingly in favor of the employees and agents of the operator.
4. Claims for liability from mandatory national law remain unaffected.
Usage Rights for Operating the Website
1. By creating content on the website, providers grant the operator a simple, unlimited in time and space, and free right to use the created content within the framework of the website and for promoting the sales offers outside the website. This usage right thus includes, in particular, the right to make the content publicly accessible worldwide via the website and other media, to reproduce, distribute, and transfer it to third parties. The operator reserves the right to promote the articles offered by the providers through various measures (e.g., on third-party websites, in social networks, or via newsletters).
2. By granting these rights, the operator does not adopt the content of the providers in terms of liability standards. The granting of the rights serves only to facilitate the administration and use of the content in the operation of the website.
Modification of These Contract Conditions
1. The operator is entitled to change these General Terms and Conditions. The adjustment is made only for valid and factual reasons, and if it does not disturb the contractual balance between the provider and the operator. Such reasons can include legal and technical changes, experiences with user behavior, or unintended gaps in the clauses. The change will be communicated to the providers via email and/or on their next visit to the website.
2. The provider is entitled to object to the changes. In the event of an objection, the operator reserves the right to terminate the existing contractual relationship with the provider with immediate effect.
3. The changes are considered accepted and binding if the providers have not objected to the changes within 14 days.
Data Access
1. The operator has access to the following data of the providers:
  1. Company name, contact person, and address
  2. Product information
  3. Data on contracts concluded on the website.
  4. Data relevant to payment processing.
2. In the event of a purchase contract being concluded, the operator provides the following data of the third parties to the providers:
  1. Name
  2. Address
  3. Order data
3. Further information on the transfer of data can be found in the privacy policy.
Complaint Management System, Extrajudicial Dispute Resolution
1. Providers commit to participate in a complaint management procedure of the operator, as far as this is initiated by a third party. If a provider does not respond within three business days, the case can be decided in favor of the third party.
2. The operator is not obligated to appoint and carry out mediators.
Final Provisions
1. This contract is governed by German law, excluding International Private Law (IPR) and the UN Sales Law (CISG), unless mandatory provisions contradict this.
2. The contract language is German, unless mandatory provisions contradict this.
3. The place of jurisdiction and place of performance is the company headquarters of the operator, unless mandatory provisions contradict this.
4. If individual provisions of this contract are invalid or the contract contains gaps, this does not affect the validity of the remaining provisions of the contract. An appropriate regulation should apply in place of the invalid provision, which comes closest economically to the sense and purpose of the invalid clause. This applies analogously for filling gaps.

A. General Terms and Conditions (GTC)

A. General Terms and Conditions (GTC)

B. Cancellation Policy